Knapp v. Shoemaker

OPINION OF THE COURT

Denman, J.

Relying on the decision of the Supreme Court in Rush v Savchuk (444 US 320), which declared invalid the quasi in rem jurisdiction created under the doctrine of Seider v Roth (17 NY2d 111), defendant moved for summary judgment dismissing the complaint or, alternatively, for leave to serve an amended answer pleading the affirmative defense of lack of jurisdiction. Special Term denied the motion but stated that it would grant a motion to dismiss if the parties would stipulate that plaintiff would institute *16an action in the appropriate jurisdiction, with recovery…